How to evict from a non-privatized apartment

Status of a non-privatized apartment

Non-privatized housing is a room in a communal apartment or a full-fledged apartment or house in the private sector, which has not been transferred to the private ownership of a citizen.

Regardless of the reason for receiving the premises: due to the social status of the person (disabled person, large family, etc.) or from the enterprise or organization in which he worked for many years, the rights and responsibilities are the same. However, the question regularly arises: “Can they be evicted from a non-privatized apartment?”

Can they be evicted from a non-privatized apartment - About the garden and the house

The municipality may well evict the tenant and citizens belonging to his family from a non-privatized apartment if they do not use the property in accordance with its purpose or significantly violate the legitimate interests of neighbors (for example, do not comply with the law on silence). There may be other grounds for eviction, which are specified in the Housing Code.

Eviction of citizens from premises occupied under a social tenancy agreement

According to Art. 84 LCD, eviction can be carried out:

1. with the provision of other housing with similar technical characteristics;
2. with the provision of something unequal to that from which one is being evicted;
3. without providing an apartment at all.

In what cases is someone evicted and given an equivalent apartment?

In Art. 85 of the Housing Code specifies cases in which the tenant and his family are given equal living space. As a rule, this happens if the tenant and his family are not to blame for the eviction, for example, when:

• demolition of housing;
• seizure of the plot of land on which the house is located for state or municipal needs;
• change of status - from residential to non-residential;
• transferring the apartment to a religious organization;
• improvement or deterioration of living conditions in connection with reconstruction or major repairs of the house.

Eviction with provision of an unequal apartment

Eviction with the provision of unequal housing can be carried out on two grounds, which are specified in Art. 90 LCD:

1. when the employer and family members living with him fail to pay for utilities without good reason;
2. if the court finds it impossible for parents deprived of their rights and their children to continue living together.

In these cases, evicted citizens are provided with housing of the same size that would be provided to them as if they were moving into a hostel.

It is important to know that the eviction of citizens deprived of their rights in relation to their children with the provision of other apartments is carried out only if this is provided for by regional legislation. In other cases, the former parents are simply evicted and are not given another apartment (Part 2 of Article 91 of the Housing Code).

Eviction without transfer of other housing

A situation is possible when they can evict without providing another apartment at all.

But this will not happen right away. The landlord will first warn the tenant and his family that the violations must be corrected within a reasonable time. But if they do not comply with the requirements of the municipality, then they will be evicted.

The grounds for eviction without the provision of other apartments are specified in Part 1 of Art. 91 LCD:

• use of housing other than for its intended purpose (for example, use of an apartment as an office, warehouse, industrial production, without transfer to non-residential premises - paragraph 5 of paragraph 39 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14 of July 2, 2009) ;
• systematic violation of neighbor's rights (playing music at night, violating the rules for keeping pets, non-compliance with fire safety requirements, etc.);
• mismanagement of real estate (for example, breaking windows, destroying walls, doors, floors, ceilings, etc.).

Eviction is possible in any case:

1. only in the most extreme cases - when other measures of responsibility, for example, repeated fines under Part 1 of Art. 7.21. Code of Administrative Offenses do not have the desired effect;
2. if there is a systematic nature of the relevant violations (if there are one-time violations, they cannot evict).

Social hiring

Living in non-privatized housing does not happen by itself, but is documented.

The check-in procedure is standard:

• the authorized body adopts an order on the provision of housing;
• a warrant is issued that is valid for a limited time;
• a social tenancy agreement is concluded, usually for an indefinite period.

If housing was obtained before the current legislation came into force, then the relationship is viewed through the prism of concluding a social tenancy agreement. For example, housing was provided during the Soviet period, but when considering the dispute, the provisions on social rent are taken into account.

Legislative acts on the eviction of tenants for non-payment of housing and communal services

Failure to pay utility bills threatens with serious problems, which are supported by regulations drawn up according to the letter of the law. The Housing Code has a clear position on this issue. It is not so easy to evict from a privatized apartment for rent arrears. The same applies to forcing a resident to check out if he does not pay his bills. Any of these procedures can only be carried out through legal action.

A citizen who occupies public housing can be evicted from an apartment for non-payment of utilities. This will happen if the person has not paid rent for six months. In such a situation, the management company has grounds to file a claim in court.

The defendant has the power to prove that he did not pay for good reason. Even if the court makes a positive decision on the claim, the property owner is obliged to provide the evicted person with other housing, and not throw him out onto the street.

Article No. 293 of the Civil Code of the Russian Federation says that the owner can also lose his home if he does not comply with generally accepted standards:

1. Public order disturbance.
2. Reconstruction of the building, which is not approved by government agencies.
3. If the property is declared unsafe.

When the apartment in which there are utility debts is not the only property the debtor has, then it is much easier to evict him. In this case, the procedure involves the sale of real estate, and the proceeds are used to pay off the housing and communal services debt.

Identical regulations apply to living space that is issued with a mortgage loan. This is explained by Article No. 50 of Federal Law-102. The judicial authorities have the right to make a positive decision, without providing other housing.

Watch the video: “Rent arrears: are tenants at risk of eviction?”

Article 90 cooperative apartment eviction for non-payment

Despite the fact that Article No. 90 of the Housing Code of the Russian Federation informs about the possibility of eviction of a person for failure to pay utility bills, this can only be done after filing a statement of claim and receiving a writ of execution. Moreover, the state is obliged to provide them with other living quarters. However, even after this, the debt will not go away and will have to be paid.

Bailiffs will be involved in the seizure of funds or personal property. First, FSSP employees will make an inventory of the contents in the defaulter’s apartment, and then issue an act of seizure of property. The items are then sold and the proceeds are used to pay off the debt.

New laws on evictions for housing and communal services debts in 2020

It doesn’t matter whether the living space is privatized or non-privatized, eviction for non-payment of utilities occurs strictly in accordance with the relevant acts. New rules in the edited Resolution of the Supreme Court of the Russian Federation No. 14 dated July 2, 2009 establish a certain procedure for this procedure.

A person always has a chance to resolve the issue through a settlement agreement and not be forcibly deprived of housing. Here are the nuances that the management company or social employer. premises can go to court if the period of debt exceeds six months, and the state must provide other housing for living.

Legislative regulation

What documents answer the question of whether they can evict from a non-privatized apartment?

• LCD - Housing Code.
• Civil Code of the Russian Federation - Civil Code.
• Regional laws and regulations.
• Federal Government Regulations.

The housing complex contains basic rules: the grounds for obtaining housing, the rights and obligations of residents, the procedure for concluding a social tenancy agreement and its termination.

The norms of the Civil Code are of a subsidiary nature, i.e. they complement the norms of the Housing Code if a gap in regulation arises.

From the by-laws, you can indicate a standard social tenancy agreement.

Regional authorities adopt regulations on the conclusion of social tenancy agreements. They contain both a sample contract and a list of documents and describe the procedure for the authorities and the applicant. If the apartment is not privatized, can they be evicted from it? The law provides an answer based on specific circumstances. In one case they really can, in another - not.

Features of the eviction procedure

The peculiarity of a non-privatized apartment is that residents can only live in the premises, and the lease agreement gives them such a right. Citizens cannot freely dispose of real estate, rent or exchange it, carry out major repairs or redevelopment. The concluded agreement imposes certain obligations on the residents, failure to comply with which may result in claims from the owner of the premises. The result of a conflict situation may be an eviction procedure, which is initiated by the interested party by filing a claim in court.

Such a party may be:

• owner of the premises;
• representatives of guardianship authorities;
• prosecutor;
• legal representative of a minor;
• persons living near the offender.

Grounds for eviction

Receiving housing for use from the state or municipality is determined by the status of the person. In some conditions, the reason for which it was provided disappears, and the tenant is evicted. In others, circumstances have not changed, then eviction is impossible.

What circumstances cause eviction?

• the grounds for moving in are temporary;
• the tenant systematically violates the rights of other tenants;
• a person damages the apartment in which he lives;
• debts for utilities have accumulated;
• recognition of the house as unsafe;
• the tenant has actually moved to another residence for an extended period of time.

The list presented is not complete; each item has many options.

Eviction from a non-privatized apartment is permitted if there are circumstances specified by law.

Eviction from a privatized apartment in 2020 – not by the owner, judicial practice

Today it is becoming increasingly difficult to buy an apartment or privatize it; the housing issue in most families comes first. No one wants to voluntarily evict, therefore, if there are compelling reasons, deprivation of the right to reside in a certain residential area occurs only through the court.

Reasons

Eviction of a citizen from a privatized apartment is possible only if there are sufficiently compelling reasons for this:

1. If the rights to residential premises were acquired by one of the spouses before marriage, then after obtaining a divorce, the other spouse must leave the premises.
2. The person lives in another apartment for a long time. Eviction is carried out in the presence of testimony from neighbors - witnesses collected by the Housing Office.
3. The citizen does not take part in the maintenance of the apartment at all, does not make repairs, and does not pay utilities.
4. The person evicted from the apartment did not live in it for a single day.

In order for the eviction to be legal, it is necessary to have documents confirming the fact that the citizen has violated the living conditions in the privatized apartment. The person filing the claim in court must independently prove the existence of grounds for eviction.

Forced deprivation of the right to residence is possible only through the court with the subsequent transfer of proceedings to a bailiff who will monitor its implementation.

In order for an eviction to be legal, certain general conditions must be met:

• in some cases, other housing is provided if the citizen is a socially protected person and has the right to receive another living space;
• provision of housing in which living conditions will be better. This is necessary if minor children or disabled people live in the apartment;
• socially unprotected citizens who have a permanent official job do not receive an apartment to replace their old one.

The most reliable way is to prevent grounds for eviction from the apartment from arising, pay bills on time and not quarrel with neighbors.

It is also possible to temporarily or permanently expel a person from a privatized apartment in several cases:

1. Death of a citizen.
2. Conscription into the army.
3. Change of place of residence.
4. Declaring a person missing through the courts.
5. Loss of a person’s right to reside in an apartment and use it.
6. Detection of forgery of documents and fictitious registration.

After a citizen is evicted, they are deregistered with the FMS.

Can they be evicted from a privatized apartment for rent arrears?

The most common reason for eviction is accumulated debts for housing and utility services. This measure is an extreme measure and is applied if nothing else has had an impact on the citizen, and the amount of debt only increases.

Several factors may influence the situation:

1. The amount of debt, the period during which payments are not received to the account of the management company.
2. The presence of special agreements between the debtor and the credit institution.
3. The citizen has another home in which he is the owner.

Each residential area has one single personal account, which displays all existing debts. A situation often occurs when all family members are registered in the same area, but only one person pays the bill, and as a result, a large debt for housing and communal services accumulates.

Article 90 of the Housing Code states that if utilities are not paid for six months without a good reason, it is possible to evict persons not registered in the premises through the court.

The situation becomes more complicated if the person is registered in the apartment. One reason for eviction will not be enough, therefore, first of all, the case is transferred to the bailiff, who tries to force the citizen to pay back utility debts.

According to the law, eviction for non-payment of housing and communal services is possible only in two cases:

1. If a citizen is not registered in an apartment, he lives in it under a social tenancy agreement.
2. If the apartment is privatized, but payment for services has not been received for 6 months or more.

Evictions are carried out extremely rarely, because if a person was registered in an apartment, he must be provided with other housing, and the municipality has practically no vacant apartments.

Read about the eviction of citizens from specialized residential premises here.

Forced confiscation of housing from a citizen can be carried out in accordance with Article 235 of the Civil Code of the Russian Federation. Repossession of housing due to accumulated debts is carried out only if there is a foreclosure on the residential premises for obligations.

The process of collecting property can only be started by a court decision. For debts, not only the apartment, but also other valuables can be seized.

The main stages of the procedure for foreclosure of real estate:

1. Hearing of the case in court - a representative of the housing and communal services supplier or credit institution files a claim in court to recover property for debts. During the proceedings, an examination is also carried out aimed at identifying the market value of the debtor’s property.
2. Eviction from an apartment - if the court makes a decision in favor of the plaintiff, documents are submitted to the FSSP, on the basis of which the process of eviction of the debtor from the apartment begins. Initially, the citizen is given the opportunity to leave the home independently. If this does not happen, eviction occurs forcibly.
3. The debtor's housing received is put up for auction. The proceeds cover all debts, including legal costs. If the funds remain, they are returned to the citizen.

A pre-trial resolution of the issue is possible. A notice is sent to the person warning them that they need to pay a certain amount before a certain date. If there are no payments to the account, the documents are sent to the court.

Owner

You can evict a person who is the owner of a home or has become one as a result of privatization on the following grounds:

• the residential premises are used by a person for other purposes;
• the fact of violation of the rights of other owners is regularly recorded;
• the owner does not pay the loan or utility bills;
• repairs to the premises are not being carried out, the dwelling has received the status of “emergency” in a relatively short period of time.

The procedure for eviction of the owner from a residential premises:

1. Collecting evidence of the owner committing illegal actions. You can use the protocols of the district police officer, extracts from housing and communal services, and testimony of witnesses.
2. Pre-trial solution to the problem.
3. Filing a claim in court.
4. The court announces the verdict, transfers the case to the FSSP bailiff for execution.

After eviction, the former owner cannot use the premises himself or encourage his relatives to use it. Within the prescribed period, all personal belongings, furniture, clothing, and pets must be removed from the apartment.

Not the owner

A property owner can be evicted if:

1. The fact of falsification of documents was discovered, as a result of which the citizen was able to live in a privatized apartment and obtain a residence permit.
2. The conditions in accordance with which living space was provided to a specific citizen have changed.
3. The terms of the contract under which the citizen was provided with housing have expired.

Eviction process:

• first of all, the owner of the property or the municipality is obliged to notify the citizen about the upcoming eviction and give the opportunity to move out voluntarily;
• a person is allowed to live in an apartment for a certain time if during this period he will look for new housing;
• the court makes a decision on eviction or preservation of the citizen’s rights to reside in the apartment;
• The execution of the sentence is carried out by the bailiff.

If the defendant believes that he is being kicked out of the apartment unlawfully, he can file a counterclaim, which will be considered by the court.

What to do

There are several ways to defend your rights if a decision has been made to evict from a privatized apartment. However, it should be borne in mind that the court will not make concessions if repeated attempts have been made to resolve the conflict, to recover money from the debtor for housing services or a loan.

What can you do if the eviction process has begun:

1. If the initiative comes from relatives or the employer, due to long-term non-payment of utilities. The problem can be solved if it can be proven that the late payment was due to valid reasons. Then you must pay for all or most of the months of delay.
2. The circumstances resulting in eviction are beyond the control of the tenant. For example, housing is subject to demolition due to its disrepair. You won’t be able to stay in the apartment, but you can get another living space.
3. If the complaint is filed by neighbors or family members. The citizen should write a statement indicating that he stops carrying out illegal actions and intends to resolve the situation.
4. If the eviction is carried out by unscrupulous relatives who have privatized the apartment in their own name and are evicting those who did not. You should collect documents that indicate that the person being evicted was registered in the apartment and lived in it at the time of privatization.

In some cases, the problem can only be solved with the help of lawyers and attorneys.

Ex-spouse's statement

Before you begin the process of deregistering your ex-spouse, it is necessary to analyze the situation and find out what rights the husband (wife) has to privatized housing.

If the husband is indicated in the documents as the owner and, along with his wife, participated in the privatization of housing, it is impossible to evict him without legal grounds.

He also has the right to lifelong use of the premises if he refused privatization in favor of another family member, but was registered in the apartment.

You should go to court with a demand for eviction only if the ex-spouse does not have any rights to the apartment.

Arbitrage practice

The process of evicting a citizen from an apartment is quite complex and often lengthy. Most often, cases are dealt with when a citizen must be evicted for non-payment of utilities for a long period of time - from 6 months.

A general overview of judicial practice on the eviction of citizens from privatized apartments can be found at the link.

After the debtor moves out, the apartment is put up for auction in order to raise the amount of money necessary to cover the debt. The execution of proceedings is carried out by bailiffs in the FSSP body.

Attention!

You can defend your rights only by acting in accordance with the law, providing documentary evidence, and proving your point of view. As documents confirming the fact of good faith of the evicted person, you can use receipts for payment of the apartment, a certificate with a record of registration, and testimony of witnesses.

Read about the deadlines for eviction from an apartment by court decision here.

Is it possible to evict minor children from residential premises? Find the answer on this page.

What rights and responsibilities does the tenant have?

Do those living in a non-privatized apartment have much less rights than if they were the owners? The tenant has, according to the law, the following list of rights:

• move in your family members;
• rent out part of the housing to another person or persons for a temporary or unlimited period;
• replacing or exchanging residential premises for another, more suitable one;
• demand the provision of utility services and participation in major repairs.

Existing rights are closely related to responsibilities. The law obliges the tenant:

• use housing only for living (for example, organizing industrial production is prohibited);
• ensure the safety of the premises (carry out routine repairs, monitor communications so that, for example, there is no flooding of neighboring apartments);
• pay utility bills in full and on time;
• inform the authority that granted the right to premises about changes in circumstances affecting the prospects for further residence; for example, that the financial situation has changed, and the owner of the premises is no longer low-income.

Agreements signed with residents have more specific provisions, but we must remember that they are not exhaustive and the current legislation is also added here.

Do you want to evict from a non-privatized apartment for debts or non-payment? Adviсe

The Russian housing stock is a fairly heterogeneous structure in the legal sense. Although the possibility of free privatization of housing has existed for more than 20 years, many citizens, for various reasons, have neglected it and continue to live in non-privatized apartments, which are state or municipal property, and the residents themselves are only tenants.

And the question for what reasons one can be evicted from non-privatized housing remains relevant for many Russians.

Eviction from this type of housing is provided for by law, and the reasons may be a number of factors. Let's consider them all sequentially.

General information

Since non-privatized housing is owned by the state or municipal authorities, the persons living in it are only tenants or tenants. They have the right to reside and register in their home, but cannot dispose of it.

Non-privatized housing cannot:

• give,
• sell,
• pawn,
• bequeath

The introduction of the new Housing Code of the Russian Federation in 2005 abolished orders for moving in, and established a social tenancy agreement as a document regulating the right of residence.

There are many more reasons for eviction from a non-privatized apartment than from your own.

Registered citizens, in addition to the right of residence, are required by law to pay utilities on time and maintain the premises in order. That is, they are responsible for home repairs and improvements.

Voluntary eviction

The most common case when a tenant loses the right to reside in an apartment is when they move to another permanent place of residence. By being deregistered, he also loses the right to an apartment. But if a citizen leaves only for a while (for vacation, study, work, etc.), he retains the right to housing.

Also, at any time, a social tenancy agreement can be terminated by agreement of the parties.

The phenomenon is extremely rare, but still occurs. This mainly happens in cases where the tenant purchases another home, but there are other reasons.

Objective reasons for eviction

A person can be evicted from public housing for the following reasons, which are considered objective:

• demolition of the entire apartment building;
• emergency condition of a house or a separate apartment;
• the consequence of the overhaul was a decrease in the number of meters allowed per person by law;
• the premises are transferred to a state or religious organization.

All of the listed cases fall into the category when a person can be resettled without his consent.

But the premises that are required to be provided in return cannot be worse than before. It must be completely suitable for living and comply with all sanitary and hygienic standards.

Other reasons for eviction

Other reasons for eviction from public housing include:

• Acquisition by the tenant of another home. This can happen either by agreement of the parties (this was discussed above) or on the initiative of the municipality, which terminates the contract due to the tenant’s lack of need for social housing.

• Systematic violation of public order (drunkenness, rowdy behavior, hooligan behavior, night noises, etc.). In this case, by a court decision and in the presence of appropriate documentary evidence, the tenant may be evicted without providing other housing.

• Use of the apartment for other purposes. Opening a retail outlet, workshop, kindergarten, etc. in the apartment. can also become a reason for eviction “to nowhere”.

• Illegal redevelopment. Leading to the threat of destruction of the house (damage to load-bearing structures, etc.) in the case of living in a municipal apartment can lead to eviction.

In cases where violations are involved, the administration always starts with warnings and offers to change their antisocial behavior or correct the violations.

If the tenant does not respond, a claim is filed with the court for forced eviction without the provision of other housing. As a rule, in these cases the court is on the side of the landlord.

The following may also be grounds for eviction without provision of other living space:

• Deprivation of parental rights. When living under the same roof with children becomes impossible, threatening the children’s health and psyche, unfortunate parents can also be evicted to the street through a court decision. Children with guardians or other relatives remain in the apartment.

• The end of a specifically defined period of residence. The expiration of the contract also becomes a reason for eviction. It may be voluntary, but in case of refusal to vacate the premises it will become compulsory.

The reason for forced eviction through the court can also be non-payment of utilities for more than 6 months without valid reasons, which include:

• serious illness,
• loss of job without employment opportunities,
• long delay in wages, etc.

True, in this case, other housing is provided, but it does not have to correspond to the previous one.

Thus, although the Constitution of the Russian Federation guarantees the right to housing, the court, guided by the provisions of the Civil and Housing Codes, can evict a citizen from a non-privatized apartment, and there are many reasons for this.

Who can't be evicted?

There are two categories of citizens who cannot be evicted:

• minor children who must live and be registered with their parents;
• disabled people of group I.

The exception is when the housing is in disrepair. In this case, this category of citizens is provided with housing that is completely identical to the previous one in all living conditions, or better.

Eviction procedure

The procedure for eviction for objective reasons and for violations of the rules of residence will differ.

• Eviction for violation occurs by court decision. After the pre-trial settlement steps have been taken, the landlord’s representative files a claim for eviction, accompanied by the necessary supporting documents (police and administrative protocols, results of inspections by various authorities, information about the presence of debt for housing and communal services, etc.).

Testimony from housemates, video and audio recordings may also be used.

After examining all the circumstances of the case, the court issues a decision on eviction, which specifies specific deadlines and procedures. If the tenants refuse to leave the premises voluntarily within the specified period, the bailiffs, with the help of the police, will carry out a forced eviction procedure.

• In the case of relocation for objective reasons (emergency condition, etc.), although the procedure is carried out without the consent of the residents, the owner is obliged to provide full information in advance about relocation options, as well as give sufficient time for the move. The latter is also relevant in the event of termination of the contract by mutual agreement.

As we see, eviction from non-privatized housing is completely legal, quite simple and quick. Therefore, in order not to be evicted, you need to follow the rules of the hostel, pay bills on time, and take good care of the provided living space.

If the employer believes that the administration is acting too harshly or unlawfully against him, he should urgently seek advice from an experienced lawyer who will explain all the nuances of the law and help avoid illegal eviction.

Source: https://prodatkvartiry.ru/vyselenie/xotite-vyselit-iz-neprivatizirovannoj-kvartiry-za-dolgi-ili-neuplatu-sovety/.html

Who decides the issue of eviction?

Can they be evicted from a non-privatized apartment only by decision of the administration or the organization that provided the housing? No, the Constitution limits the list of persons who have the right to evict a citizen. Now only the court has this right. Interested parties have the right only to file a claim for eviction.

A judicial act that has entered into legal force is executed by bailiffs. The police are supporting them. This means that the police or other official do not have the right to evict someone without a court decision, and one that already has legal force. It doesn't matter what caused it to be adopted. Even if we are talking about reporting information that actually did not take place, which became known after the move-in.

Nuances: forced eviction from a municipal apartment

In the process of eviction from real estate owned by the municipality, many nuances related to individual circumstances must be taken into account.

If a citizen is registered in a municipal apartment

If the resident has registered and permanently resides in the area allocated from the municipality, this will not be a reason for rejecting the eviction claim. If there are grounds, a violation of the terms of the contract with the owner, a large debt, inappropriate behavior and the creation of life-threatening situations for the remaining residents, the judicial authority will issue a decision on the deprivation of the right to reside, regardless of the presence of permanent registration.

Lives without registration

The provision of living space does not always entail the conclusion of a social tenancy agreement. In some cases, the administration provides housing for temporary use for a limited period of time, after which residents are required to vacate the premises.

If a citizen living without registration refuses to voluntarily leave the apartment, he will face forced eviction.

With consent

When the need for social housing disappears, the citizen reports this to the municipality. The release of municipal living space occurs with the simultaneous termination of the social tenancy agreement, on the personal initiative of the person.

Without agreement

If the resident himself does not intend to leave the apartment provided by the municipality, the owner initiates a legal process and receives a court order, according to which a forced eviction is organized. If the tenant refuses to comply with the court decision after it has entered into force, the municipality will involve FSSP employees to help and force the citizen to vacate the living space. However, to obtain such a decision, serious reasons and evidence presented during the trial will be required. It is allowed to involve law enforcement agencies and the Ministry of Emergency Situations for assistance.

Features of participation in the case

The facts confirming the termination of the right of residence are proven by the plaintiff. Only the administration, or government authority, or organization that provided housing can act in this capacity. The management company with which the contract for maintenance of the house is concluded does not have such a right. Residents whose rights are violated also have the right to file a claim.

What rights do tenants living in a non-privatized apartment have when one of them is evicted? They preserve them in full. For example, a family lives in an apartment, and they want to evict one of its members in court. The court is obliged to ensure their participation in the case as third parties, because the proceedings affect their rights and interests.

How to evict a person from public housing?

So, if for some of the reasons given in this article it is necessary to evict a person from a municipal apartment, and he does not agree to this, then the only way out is to contact the justice authorities.

Algorithm

In order to evict a person from an apartment provided by the municipality, regardless of whether he is registered in it or not, it is necessary to perform the following actions in a certain sequence:

How the process works

The process of resolving the issue of eviction from a municipal apartment begins with filing an application. Territorial jurisdiction is determined according to the general rule - the claim is filed at the place of residence of the defendant.

Most often, a representative of the municipality participates in such a process, so it is necessary to have a power of attorney for his participation in the court hearing.

Statement of claim

A statement of claim is the main document required to initiate the process of eviction of a person from an apartment through the court. It must be drawn up in accordance with all legal requirements.

It should contain the following information:

• full name of the judicial authority;
• personal and contact details of the plaintiff (name of organization, legal address, etc.);
• information about the representative (if he participates in the case);
• personal and contact information of the defendant;
• the exact address of the location of the disputed housing;
• indication of documents of ownership;
• grounds for the defendant's use of the apartment
• reasons for eviction;
• the procedure and period of eviction desired by the plaintiff;
• justification of requirements with references to regulations and supporting documents;
• list of documents attached to the application, list of witnesses;
• date, signature and seal of the organization.

It is necessary to draw up a claim in a business style, avoiding excessive emotionality and subjective evaluative characteristics.

Documentation

Despite the fact that the documents attached to the claim are individual in each specific case, there are also those without which the claim simply will not be accepted by the judge.

Such papers include:

• claim in the required number of copies;
• a copy of the identity card of the plaintiff and (or) his representative;
• charter of a legal entity and other documents confirming its status;
• power of attorney to represent interests;
• documents on ownership of the disputed apartment;
• rental agreement;
• certificates confirming the requirements for eviction;
• receipt of state duty;
• other documents.

Other documents may include birth certificates of children, marriage or divorce, certificates from government agencies (police, housing inspection, etc.). It all depends on the specific situation and the requirements put forward by the plaintiff.

Cost and terms

Since such claims are classified by the legislator as property claims, but not subject to material assessment, the amount of the state duty when filing a lawsuit is 300 rubles.

In order to make a decision on the case, the court may take a period of several weeks to several months. It all depends on the positions of the parties, their consent or not, the presence of all the necessary documents in the case, the appearance of the participants in court proceedings and other conditions.

The eviction itself occurs after the court verdict. However, it is worth remembering that the court can delay the eviction for up to 1 year so that the defendant can find another place to live.

Features of proof

If the apartment is not privatized, can they evict? Yes, but the claim must be substantiated. Often, as a result of legal proceedings, it turns out that there is a debt for services, but it is not large enough and the reason for the accumulated debts is due to difficult life circumstances.

If we are talking about the destruction of a residential premises, its damage, materials from the housing inspection are provided. Her responsibilities include identifying violations of housing laws. A protocol is drawn up in accordance with the norms of the Code of Administrative Offenses, then a decision is made to prosecute.

Having two or more such decisions, the apartment owner will have the right to go to court.

Some residents constantly make noise, make trouble, and disturb the peace. In this case, the police take action. A protocol is drawn up, then a decision is made. As a rule, the court already makes a decision on police reports. In particular, the grounds for eviction are facts of violence.

It is important to comply with the procedure for bringing to administrative responsibility, the actions of the authorities according to their competence, otherwise a well-founded claim will be rejected.

How to Avoid Eviction

At the same time, it is important to remember that eviction can only be carried out by a court decision, which means that in the event of controversial situations with the administration, there is no need to evict from the apartment at their first request. If you move voluntarily, it will be impossible to prove that the eviction occurred on illegal grounds, even through court.

The administration is obliged to provide some time to eliminate debts, and not evict the tenant immediately. If a resident has any questions when a dispute arises with the administration, then it is worth consulting with a lawyer experienced in such matters. Only a specialist can know the exact actions in a given situation, since depending on the region, different requirements may be imposed on residents.

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For what rent arrears can one be evicted from an apartment?

The legislation of the Russian Federation does not stipulate the exact amount of debt for which tenants can be sued for eviction from the occupied space. In practice, this measure is used for persistent defaulters.

Eviction for non-payment of rent is only possible from municipal housing if the last payment received was six months ago. At the same time, the state provides them with other housing.

Who can go to court?

Eviction from a privatized apartment for non-payment can only be carried out by a court decision and in extreme cases.
Before filing a claim in court, it is necessary to warn the owner about the debt. In the event that the debtor refuses to fulfill his obligations, a claim is filed in court.